Reps. Jaime Raskin (D-MD), David Cicilline (D-RI), and Mike Conaway (R-TX) introduced legislation (the Occupational Licensing Board Antitrust Damages Relief Act of 2020 (H.R. 8680)) that would provide immunity for damages in cases against occupational licensing boards in some circumstances. The bill will also establish the standards for immunity.
FSBPT joined eleven other organizations in signing a letter of support. We encourage you to also contact your respective member of the United States House of Representatives and your senators in support of this bill. Unfortunately, this bill is likely to languish without strong grassroots support. Find out how to contact your representative and feel free to use the draft message below:
I am writing to share my support of the Occupational Licensing Board Antitrust Damages Relief Act of 2020. The legislation seeks to protect state boards, board members, and staff from damage awards by private plaintiffs, while still allowing for enforcement of antitrust laws by federal and private actors seeking to enjoin anticompetitive behavior of licensing boards. It also conditions immunity from damages liability on licensing boards meeting certain standards. I believe that this legislation is a balanced approach to competition policy that retains enforcement mechanisms against anticompetitive activities while ensuring that current and prospective state licensing board members will continue to be willing to serve and are not dissuaded because of uncertainty over any potential personal liability arising from their public service. I hope you will support it.
Physician Fee Schedule Clarifies Telehealth Policies During Public Health Emergency
The Centers for Medicare & Medicaid Services (CMS) communicated multiple changes to telehealth regulations and other services involving communications technology in the final Physician Fee Schedule (PFS) rule published on December 1. While the rule primarily details Medicare payment for physicians and other billing professionals' services, CMS often uses the rule to address other Medicare Part B issues.
CMS clarified in this rule that in order to add PTs and PTAs to the list of authorized providers for real-time telehealth services, federal legislation is necessary. Although CMS currently reimburses PTs and PTAs for real-time telehealth services during this public health emergency (PHE), CMS does not have the authority to permanently add PTs and PTAs through regulation. However, PTs are permitted to continue providing communication technology-based services—including e-visits, virtual check-ins, and remote assessment of video or images by PTs—for payment. Additionally, CMS clarified that telehealth rules do not apply when the beneficiary and the practitioner are in the same location, regardless of if the visit was performed using audio/video technology.
Until this final rule, there were only two categories of criteria for adding services to the Medicare telehealth list. CMS has created a third temporary category (Category 3) that includes services added to the Medicare telehealth list during the Covid-19 PHE, including physical therapy services, that will remain on the list through the calendar year in which the PHE ends.
CMS also addressed questions of supervision and medical record documentation related to physical therapy services. For the duration of the COVID-19 PHE, CMS allows direct supervision to be provided using real-time, interactive audio and video technology through the end of the calendar year in which the PHE ends or December 31, 2021, whichever is later. Therapists can review and verify documentation entered into the medical record by members of the medical team for their own services that are paid under the PFS. Therapy students working under a practitioner may document in the record so long as the documentation is reviewed and verified (signed and dated) by the billing practitioner.
FSBPT provided some educational content that would normally occur during the Annual Meeting via a series of webinars throughout the year. We hope you had a chance to participate and found them informative and interesting. If you missed some, be sure to watch the recordings.
FSBPT Forum: President's Perspective: Being Nimble in 2020 and Beyond
From the outset, the role of each member board and FSBPT has always been to protect the public. Ideas concerning the best way to do this—the best regulatory guidelines, the best disciplinary protocols, and the best assessment tools—are ever changing. We are always confronting new challenges and opportunities. However, perhaps that truth has never been more evident than in the year 2020. Read more.
Spotlight on Member Resources: A Discussion of Diversity in Physical Therapy Regulation
Speakers: Anne Wallestad, Ruggie Canizares, Nancy Kirsch, and Adrienne Price
This panel discussion, with BoardSource CEO, Anne Wallestad, and three members of the FSBPT Board of Directors, focused on diversity and inclusion as it relates to physical therapy regulation. The session probed various issues including “what elements of diversity should physical therapy boards be working on,” “what do we lose without diversity,” and “what do we gain with diversity.” The goal of the panel was to bring awareness of these issues to FSBPT’s members and get individuals thinking about how they can increase diversity in their own settings.
"This paper summarizes the types of telehealth policy flexibilities provided by states and the federal government during the COVID-19 pandemic and longer-term considerations for Governors regarding the impact of such policies on care delivery and payment with the goal of helping policymakers assess the appropriateness of policy permanence beyond the pandemic."
"Health-care providers can provide telehealth services across state lines during the Covid-19 emergency regardless of state and local prohibitions, the HHS said Thursday."
"The state medical board may use the sealed criminal record of a physician charged with misconduct to impose discipline, the Massachusetts Supreme Court ruled September 1. However, the court also ruled the contents of the sealed record could not be made publicly available, unless the board possesses independent evidence of the criminal case or criminal conduct in question and uses that evidence for a final disciplinary decision."
"Overly burdensome occupational licensing requirements can impede job creation and slow economic growth, which undermines our Nation’s prosperity and the economic well‑being of the American people. Such regulations can prevent American workers and job seekers from earning a living, maximizing their personal and economic potential, and achieving the American Dream. The purpose of this order is to reduce the burden of occupational regulations in order to promote the free practice of commerce, lower consumer costs, and increase economic and geographic mobility, including for military spouses."
Board Report
Motion adopted To approve the 2021 organizational goals. Rationale: The Board of Directors annually adopts organizational goals. Fiscal Impact: None
Motion adopted To adopt the 2021 operating budget of $2,339,932 Rationale: The Board of Directors annually adopts an operating budget. Fiscal Impact: As indicated in the motion.
Motion adopted To adopt the 2021 capital budget in the amount of $1,161,900 Rationale: The Board of Directors annual adopts a capital budget. Fiscal Impact: As indicated in the motion.
Motion adopted To adopt the 2021 reserve funding in the following amount of $29,194,604. Rationale: The Board of Directors annually adopts reserve fund amounts. Fiscal Impact: As indicated in the motion.
Motion adopted To adopt the 2021 Policies Manual. Rationale: As a matter of procedure, the policy manuals are reviewed and approved each year. Fiscal Impact: None.
Motion adopted To adopt the 2021 Personnel Policy Manual. Rationale: As a matter of procedure, the policy manuals are reviewed and approved each year. Fiscal Impact: None.
Motion adopted To adopt the 2021 Salary Administration Manual. Rationale: As a matter of procedure, the policy manuals are reviewed and approved each year. Fiscal Impact: None.
Motion adopted To adopt the 2021 NPTE Policies. Rationale: The 2021 NPTE Policies will become effective 60 days after they have been sent to the member jurisdictions for review. Fiscal Impact: None.
Motion adopted To appoint, reappoint, or extend the following people to the task forces listed.
Dry Needling Competency Update Task Force
David Bertone (NJ)
Michelle Finnegan (MD)
Sean Flannagan (AZ)
David Griswold (OH)
Oday Lavergne (LA)
Bobby Jean Lee (TX)
Cameron MacDonald (CO)
Ruth Maher (GA)
Ron Pavkovich (KY)
Gary Schindler (ND)
JJ Thomas (PA)
Continuing Competence Committee
Laurie Kendall-Ellis (MD)
Mary Elizabeth Parker (TX)
Ethics & Legislation Committee
Sherise Smith (NV)
Finance Committee
Steven Scherger (MN)
Geraldine Grzybek (PA)
Resolutions Committee
Malorie Novak (GA)
Board Liaisons to Jurisdictions
Members of the Board of Directors serve as liaisons to multiple jurisdictions. Current liaison relationships are listed here for your reference.
Tom Caldwell Arkansas, Illinois, Indiana, Missouri, New Mexico, Ohio, Oklahoma, Texas
Sign off: That's all the news today with the approaching future vaccine availability and the chilling banks of the Potomac, where the fish are faster, the fishing boats are longer, and the fishermen are still full of stories.
